MILFORD - The class action suit against the Milford Water Company, filed following an August 2009 incident in which E. coli was found in the town’s water supply, is set to head to trial next Tuesday.

After a delay last October, the trial, which the court’s website says will be a jury trial, is set to begin on Tuesday in Worcester Superior Court after a final pre-trial conference was held last week.

The suit was certified as class action in January 2013 with 11 plaintiffs suing the company, alleging it failed to provide potable water and adequate service between Aug. 5-21, 2009.

During that period, the state Department of Environmental Protection had instated a boil-water order for the town because samples taken from the company tested for E. coli bacteria. The plaintiffs allege they suffered personal injury and sickness from the contaminated water.

The 15-page complaint, filed in September 2009, alleges negligence, gross negligence, breach of contract, breach of warranties and unjust enrichment by the private utility in connection with the 13-day boil-water order.

According to the complaint, the plaintiffs suffered diarrhea and stomach cramps - known symptoms of E. coli bacteria contamination - during the week of Aug. 5 and after; had property damage including to their household plumbing equipment, water filters and appliances; had higher electricity bills due to the boil order; and were faced with other extraordinary costs.

The complaint alleges that the water company "negligently, carelessly, and improperly" failed to both maintain its system through preventative maintenance and to warn residents of the bacteria contamination.

The complaint discusses the days-long delay getting word of the emergency out to all residents and the suspected culprit of the contamination being identified as the Congress Street water tower's compromised fiberglass roof.

Among its requests, the plaintiffs are seeking damages in an amount to be determined by a judge; attorney fees and costs; and abatement for all customers for their expenses, including for buying water, repairing or replacing filters and appliances.

Under state law, the case will proceed without a dollar amount set for damages.

An attorney for the defendants, Jeffrey Loeb, declined to comment on the upcoming trial and James O’Connor, the lead attorney representing the plaintiffs, could not be reached for comment Thursday.

The 2009 incident also led to the conviction of former water company manager Henry Papuga on tampering with water samples after it was ruled he attempted to get lifted the boil-water order the town was under. Papuga admitted to adding bleach to samples following his conviction and was sentenced to five years of probation and community service.

Contact Lindsay Corcoran at 508-634-7582 or lcorcoran@wickedlocal.com. Follow her on Twitter @LacorcMDN.